elder law resources - ABLE Accounts

There are many types of “Plaintiff’s cases.” This article focuses on injury cases. Injury cases can be as simple as a car wreck or as complex as a medical malpractice case. Regardless, they generally require four essential elements: duty, breach of duty, causation, and damages. See Calhoun First Nat’l Bank v. Dickens, 264 Ga. 285 […]


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Plaintiff filed a malpractice and wrongful death action against the nursing home and other defendants alleging that resident’s death was a direct and proximate cause of violations of Ohio law and of 42 U.S.C. § 483, et seq. Defendants removed the action to federal court and Plaintiff filed a motion for remand. Finding that there […]

A jury awarded $500,000 to the resident’s estate for noneconomic damages for predeath pain and suffering, $350,000 to the spouse for predeath loss of consortium and $350,000 for post-death loss of consortium. The trial court reduced the award to $350,000, which was the cap for noneconomic damages in a medical malpractice case. The court of […]

Buie filed a wrongful death action after resident’s death. Buie signed an agreement for arbitration on the line for a legal representative, but not on the line where she would sign for herself. Defendants argued that the case should be dismissed under Rule 12(b)(1) because all claims were subject to arbitration; Defendants moved to compel […]

A wrongful death case was removed to federal court on diversity grounds. Defendants alleged fraudulent joinder. Plaintiff’s motion to remand was granted. The court found that the removing party bears the burden of showing fraudulent joinder. In particular, Defendant argued there was no reasonable possibility that Plaintiff could recover against the Mississippi defendant, citing the […]

“Plaintiff presented expert medical testimony that the cause of Mr. Alston’s death was septicemia, or an infection which entered into his bloodstream. Plaintiff argued the cause of the infection was the pressure sores which defendant negligently failed to prevent. Defendant presented conflicting expert medical testimony that the cause of death was Alzheimer’s dementia, a terminal […]

Summary judgment was affirmed in part and reversed in part. The statute of limitations for underlying acts of negligence applies in a wrongful death suit; thus, Plaintiff claims for negligent acts occurring more than three years prior to the time the lawsuit was filed were barred. The court reversed that part of the summary judgment […]

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